13.03.2006
The Interior Ministry prevents a permanent resident from traveling to Jordan, this without warrant, hearing or explanation: HaMoked petitions the HCJ against this ongoing violation of her right to travel abroad
On March 13, 2006, HaMoked petitioned the High Court of Justice (HCJ) against the Interior Ministry's gross transgression in preventing a permanent resident of Israel from going abroad, without a warrant, hearing and without supplying the reasons for this prolonged violation of her constitutional rights. The 57-year-old resident wishes to travel to Jordan, then on to Saudi Arabia, to perform the rite of al-umrah.
The petitioner contacted HaMoked after she had arrived at the Allenby Bridge crossing twice, only to be prevented from passing through to Jordan, this despite the general permit to exit to Jordan. Indications this was part of a large scale phenomena led HaMoked to appeal to the Freedom of Information Commissioner of the Interior Ministry, demanding to disclose the legal procedures for prohibiting residents and citizens from traveling to Jordan and the reason they are not given prior notice of the ban. After no response arrived over six months, HaMoked filed an administrative petition in the matter on September 18, 2005.
The Ministry's response detailed the procedure for preventing an Israeli from leaving for Jordan. However, the Freedom of Information Commissioner acknowledged this was an unwritten procedure, and that there are no written directives or guidelines regarding the manner by which the Interior Minister cancels an Israeli’s exit permit to Jordan. In addition, the ministry admitted that the petitioner had not been informed of the decision to deny her exit in writing as due.
HaMoked filed the current petition after its request to examine the decisions issued in the petitioner's case remained unanswered for three months. The petition asserts this to be a continuous and gross violation of the petitioner's constitutional right to exit Israel, and a severe infraction of the legal procedure for prohibiting exit to Jordan. The petition also stresses the grave violation of the petitioner's rights to due process and religious practice.
